Delhi High Court to Examine Constitutional Validity of Surname Change Restrictions for Married Women

NEW DELHI: Writ petition has been filed by Ms. Divya Modi, daughter of Mr B. K. Modi challenging the notification issued by the Ministry of Housing and Urban Affairs, relating to use of maiden name by married women. The alleged notification mandates that if a married woman, wishes to obtain a maiden surname, she will have to submit a company of decree of divorce or a NOC certificate from her husband, that he has no objection if she uses maiden surname, and has to submit copy of identification proof and mobile number.

It is alleged that the said notification is violative of Article 14 of the Constitution of India, being discriminatory towards women and is also an invasion of their privacy.

The Bench of Acting Chief Justice of High Court, Honble Mr Justice Manmohan Singh and Honble Justice Manmeet Pitam Singh Arora has issued notice to the Union of India, returnable on 28 May 2024.

Ms. Divya Modi was represented by Ms. Ruby Singh Ahuja, Senior Partner, Mr. Vishal Gehrana, Ms. Hancy Maini, Mr. Devang Kumar and Ms. Uzma Sheikh of Karanjawala & Co.